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OTHER TERMS AND CONDITIONS OF USE (“Terms and Conditions”)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE GODOMINICANREPUBLIC.COM WEB SITE (THE “SITE”). YOUR ACCESSING, BROWSING, AND USING OF THE SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCESSING, BROWSING, AND USING OF THIS SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS AND CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, THEN YOU ARE NOT PERMITTED TO USE THIS SITE AND YOU SHOULD LEAVE IMMEDIATELY.
1. OWNERSHIP. The Site is operated by MINISTERIO DE TURISMO DE REPUBLICA DOMINICANA (MITUR). The mailing address for GODOMINICANREPUBLIC.COM is Avenida Gregorio Luperón esquina Calle Cayetano Germosén, Santo Domingo, República Dominicana.
2. USE OF THE SITE. GODOMINICANREPUBLIC.COM grants you a limited, personal, non-transferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms and Conditions. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved.
3. ACCESS TO THE SERVICES. Subject to these Terms and Conditions, GODOMINICANREPUBLIC.COM may offer to direct you to providers of certain products and services, as described more fully on the Site, and which are selected by you through the process provided on the Site (“Services”), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services GODOMINICANREPUBLIC.COM performs for you, as well as the offering of any content on the Site. GODOMINICANREPUBLIC.COM may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. GODOMINICANREPUBLIC.COM may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. GODOMINICANREPUBLIC.COM reserves the right to update or modify the Terms and Conditions at any time without prior notice. Your continued use of the Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, GODOMINICANREPUBLIC.COM encourages you to review the Terms and Conditions whenever you use the Site.
You certify to GODOMINICANREPUBLIC.COM that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. These Terms and Conditions are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. Individuals who are not at least 18 years of age are not permitted to use the Site or the Services.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
GODOMINICANREPUBLIC.COM cannot promise that access to the Site will be uninterrupted or available at all times.
GODOMINICANREPUBLIC.COM assumes no liability or responsibility for any delay, interruption, or downtime.
4. SITE CONTENT. The Site and its contents are intended solely for the use of GODOMINICANREPUBLIC.COM users and may only be used in accordance with these Terms and Conditions. All materials displayed or performed on the Site, without limitation, the information, data, software, text, photographs, graphs, images, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, news articles, audio clips, video clips, written and other material and compilations (collectively, the “Content”) are the exclusive property of GODOMINICANREPUBLIC.COM and are protected by copyrights. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of these Terms and Conditions), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from GODOMINICANREPUBLIC.COM, or from the copyright holder identified in such Content’s copyright notice.
5. NOTIFICATION OF COPYRIGHT INFRINGEMENT. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please immediately provide GODOMINICANREPUBLIC.COM with written notice of same (“Notice”) that describes the infringement and your rights in the work being infringed.
6. RESTRICTIONS. You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any GODOMINICANREPUBLIC.COM user.
You are expressly prohibited from using the Site or Services to violate the security of any computer network, transmit viruses, Trojans, worms or other malware, crack passwords or security encryption codes, transfer or store illegal material including any material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, excessive email or “spam” on the Site. You further agree to refrain from making any attempt to harvest or otherwise collect or compile information about others, including e-mail addresses or personal data, without their consent.
7. SUBMISSIONS. You are welcome to submit comments regarding the Site. However, by sending any comments, feedback, notes, messages, ideas, suggestions or other communications (“User Submissions”), you hereby grant to GODOMINICANREPUBLIC.COM a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, publish, transmit, modify, edit, translate, and otherwise exploit such User Submissions, in all media now known or hereafter developed. You hereby waive any claim against GODOMINICANREPUBLIC.COM for any alleged or actual infringement of any intellectual property rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such User Submissions.
You agree to submit only User Submissions that are proper, lawful, and related to the purposes of the Site. You agree that you will not, and will not permit others to, submit any User Submissions that:
(i) infringe any intellectual property, privacy, or publicity rights of a third party;
(ii) are obscene, vulgar, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to a third party;
(iii) constitute, or encourage conduct that would constitute, a criminal office, give rise to civil liability, or otherwise violate law;
(iv) contain a virus or other harmful component;
(v) constitute or contain false or misleading indications of origin, statements of fact, or impersonations of another person or entity;
(vi) constitute advertising or solicitation of business;
(vii) disrupt the normal flow of activity on the Site; or
(viii) constitute chain letters, pyramid schemes, virus hoaxes, false alarm messages, “spam,” or similar material.
9. INTERNATIONAL USE. Accessing materials on this Site by certain persons in certain countries may not be lawful, and GODOMINICANREPUBLIC.COM makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States.
10. PASSPORTS, VISAS, AND HAZARDS. GODOMINICANREPUBLIC.COM has no special knowledge regarding foreign entry requirements such as the need for passports and visas, unsafe conditions, health hazards, weather hazards, supplier bankruptcies, or the suitability for disabled persons of any portion of any tour. For foreign entry requirements you will need to determine what is required for such travel. For example, you may go to www.travel.state.gov/travel/foreignentryreqs.html. For State Department travel warnings and advisories, you may go to www.travel.state.gov/travel/warnings.html. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. GODOMINICANREPUBLIC.COM urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING OR FACILITATING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, GODOMINICANREPUBLIC.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE, SAFE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. BY TRAVELING TO ANY SUCH DESTINATIONS, YOU AGREE TO ASSUME ALL RISK.
11. WARRANTY DISCLAIMER. GODOMINICANREPUBLIC.COM has no special relationship with or fiduciary duty to you and you expressly agree that the use of this Site is at your sole risk and you agree to assume all such risks. You acknowledge that GODOMINICANREPUBLIC.COM has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release GODOMINICANREPUBLIC.COM and its affiliates from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. GODOMINICANREPUBLIC.COM makes no representations concerning any Content contained in or accessed through the Site, and GODOMINICANREPUBLIC.COM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. SS 2510-3127). GODOMINICANREPUBLIC.COM makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any web site linked to the Site. GODOMINICANREPUBLIC.COM will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on GODOMINICANREPUBLIC.COM’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
13. REGISTRATION AND SECURITY. As a condition to using Services, you may be required to register with the Site and select a password and user name (“User ID”). You shall provide the Site with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your account. You may not: (i) select or use as a User ID a name of another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. The Site reserves the right to refuse registration of, or cancel a User ID at its discretion. You shall be responsible for maintaining the confidentiality of your username, password and other confidential information. You are responsible for keeping all of your personal information up to date on the Site.
14. INDEMNITY. You agree to defend, indemnify and hold harmless GODOMINICANREPUBLIC.COM, its affiliated companies and their respective officers, directors, shareholders, employees, and agents, from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal and accounting fees, resulting from or arising out of (i) your breach of the Terms and Conditions; (ii) your use of the Site, use of the Services; (iii) any User Submissions submitted by you, or (iv) your use of any information obtained from the Site or any Content.
15. LIMITATION OF LIABILITY. Under no circumstances shall GODOMINICANREPUBLIC.COM, its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site or the Services. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of GODOMINICANREPUBLIC.COM or its affiliates has been advised or should have known of the possibility of such damages. If you are dissatisfied with the Site, the Services or any content on the Site, or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site and the Services. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of GODOMINICANREPUBLIC.COM and its affiliates in such circumstances for liabilities that otherwise would have been limited shall not exceed two hundred fifty dollars (U.S. $250.00) per occurrence and five hundred dollars (U.S. $500.00) in the aggregate.
17. FEES AND PAYMENT. Some of the Services may require payment of fees. For such charges, you shall pay all applicable fees, as described on the Site in connection with such Services selected by you. GODOMINICANREPUBLIC.COM reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
18. LINKS. This Site contains links to other web sites which are provided solely as a convenience to you and not as an endorsement by GODOMINICANREPUBLIC.COM, its third party providers, or distributors of the contents of such other web sites. Neither GODOMINICANREPUBLIC.COM nor any third party provider, or distributor shall be responsible for the Content of any other web sites. Neither the GODOMINICANREPUBLIC.COM nor any third party provider, or distributor make any representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
19. ATTORNEY’S FEES. In the event of any suit, proceeding or litigation to enforce or interpret these Terms and Conditions, the prevailing party shall be entitled to recover its reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity.
20. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of these Terms and Conditions will cause such damage to GODOMINICANREPUBLIC.COM as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that GODOMINICANREPUBLIC.COM shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms and Conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by GODOMINICANREPUBLIC.COM in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
21. TERMINATION. GODOMINICANREPUBLIC.COM may terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of these Terms and Conditions. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
22. NOTIFICATION AND CONTACT INFORMATION. To the extent that GODOMINICANREPUBLIC.COM may need to contact you, you agree that GODOMINICANREPUBLIC.COM may do so via any electronic means, included but not limited to communication posted on the Site or electronic mail. If you have any questions or concerns about these Terms and Conditions or if you need further assistance with respect to access to or use of the Site or the services offered by GODOMINICANREPUBLIC.COM, you may contact our Customer Service department as indicated below. GODOMINICANREPUBLIC.COM will attempt to respond to your questions or concerns promptly upon receipt.
(i) Postal contact: GODOMINICANREPUBLIC.COM, Avenida Gregorio Luperón esquina Calle Cayetano Germosén, Santo Domingo, República Dominicana
(ii) E-mail contact: Evelyn Paiewonsky: email@example.com
(iii) Telephone contact: (809) 221-4660
23. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. GODOMINICANREPUBLIC.COM shall not be liable for any failure to perform its obligations hereunder when such failure results from any cause beyond GODOMINICANREPUBLIC.COM’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of these Terms and Conditions are found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. These Terms and Conditions are not assignable, transferable, or sublicensable by you except with GODOMINICANREPUBLIC.COM’s prior written consent.